Appeals

Spears & Imes has an active and varied appellate practice. Our attorneys have extensive experience briefing and arguing appeals in civil and criminal cases in federal and state appellate courts. Among the firm’s partners who have substantial appellate experience is partner Linda Imes, who formerly served as the Deputy Chief of Appeals in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York.

Recent significant representations include:

Our representation of nine Cayman Islands hedge funds in their appeal to the U.S. Court of Appeals for the Second Circuit from the district court’s sua sponte dismissal of the funds’ complaint with prejudice. This appeal raised important questions regarding the application of the Supreme Court’s decision in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010), which held that Section 10(b) of the Securities Exchange Act of 1934 does not apply extraterritorially. The Second Circuit reversed the district court’s dismissal, permitting our clients to amend the complaint; after amending, our clients defeated a new motion to dismiss. See Absolute Activist Master Value Fund, Ltd. v. Ficeto, 677 F.3d 60 (2d Cir. 2012).

Our representation of a large European bank in its appeal to the U.S. Court of Appeals for the Second Circuit from the district court’s dismissal of its complaint. The Second Circuit reversed. See Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42 (2d Cir. 2012).

Our representation of a group of six foreign and domestic financial institutions in connection with an appeal to the U.S. Court of Appeals for the Second Circuit from a judgment in our clients’ favor of $144 million after a jury verdict in a federal securities fraud case. The Second Circuit affirmed the district court’s decision upholding the verdict. See AIG Global Sec. Lending Corp. v. Banc of Am. Sec. LLC, 386 F. App’x 5 (2d Cir. 2010).

Our current representation of the former executive director of the domestic securities lending desk of Morgan Stanley & Co. in his appeal to the U.S. Court of Appeals for the Second Circuit from a conviction in a federal criminal case arising from an industry-wide investigation into allegations of bribery and kickbacks in the stock loan industry.

Our representation of three defendant companies in their appeal to the U.S. Court of Appeals for the Second Circuit from a judgment entered in a copyright infringement action. See Kam Hing Enters., Inc. v. Wal-Mart Stores, Inc., 359 F. App’x 235 (2d Cir. 2010).

Our representation of a former Merrill Lynch compliance employee in an appeal before FINRA’s National Adjudicatory Council arguing the limits of FINRA’s jurisdiction under NASD Rule 8210.